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Why the First Amendment Constrains Trump’s Use of Twitter
President Donald Trump may be the first resident of the White House to be a prolific user of Twitter, but he probably won’t be the last. Indeed, government officials around…
21 Years of War with Al Qaeda?
Has the United States been at war with al-Qaeda for 21 years? During the most recent 9/11 military commission hearing at Guantanamo Bay, the prosecution finally articulated its…
Ability to Charge Flynn Strengthens Case of Obstruction of Justice against Trump
Special Counsel Bob Mueller has now gathered sufficient evidence to indict Michael Flynn and Flynn’s son, according to NBC News. An indictment of Flynn—and even simply having…
A Better Solution in Jesner v. Arab Bank
Ed. note. This article is the latest in our series on the U.S. Supreme Court case Jesner. v. Arab Bank, a case that is slated to resolve the question of whether corporations can…
The Public Needs a Lesson in Russian Strategic Deception: It’s What You Want to Hear
The 2016 election will be remembered for, among other things, Russian attacks including cyber theft, propaganda, trolls, bots, disinformation, efforts to use social media to stoke…
The Absurd (if Predictable) Suggestion to Transfer Sayfullo Saipov to Longterm Military Custody
President Trump said yesterday that he would “certainly consider” transferring Sayfullo Saipov–the person who murdered eight people in Manhattan on Tuesday–to…
Mark Zuckerberg, It’s Time For an Act of Radical Transparency
When Russian Facebook ads are finally released to the American public, much of the news coverage will laud this as a major step toward transparency in telling us what happened.…
How to Solve the Standing Problem in ACLU Foundation v. Mattis
Late Monday afternoon, the Justice Department filed its court-ordered response in ACLU Foundation v. Mattis, the habeas petition brought on behalf of the unidentified U.S.…
Jesner Oral Arguments, Justice-by-Justice
Ed. Note: This article is the latest in our series on the U.S. Supreme Court case Jesner v. Arab Bank, a case that is slated to resolve the question of whether corporations can…
National Security-Related Congressional Hearings, October 30-November 3
Monday, October 30 1:00pm – House Homeland Security Committee – Border and Maritime Security Subcommittee and Cybersecurity Subcommittee – Examining Physical Security and…
Episode 42 of the National Security Law Podcast: The Magic Bullet Travel Ban(d)
In this week’s episode, Bobby Chesney and I start with a close look at Smith v. Trump, a case that seeks a judicial ruling on whether the Islamic State really falls within…
Corporate Liability and Crimes against Humanity
Ed. Note: This article is the latest in our series on the U.S. Supreme Court case Jesner v. Arab Bank, a case that is slated to resolve the question of whether corporations can…